The Allahabad High Court in the case of Yashi Devi and Anr. v. State of Uttar Pradesh recently granted police protection to a married couple threatened to their life, ruling that a woman's conversion to Islam would not be a relevant factor when it comes to securing the couple's freedom and life.
A single judge of Judge Salil Kumar Rai held, “It is further clarified that the fact that the petitioner converted to Islam would not be a relevant factor while ensuring that there is no interference in the applicants' freedom unless there is any accusation by petitioner in on the forced conversion ".
The Court issued the order on a petition brought by a couple (plaintiffs) asking the defendants (family and police) not to interfere with their life and marital freedom. The couple was asked to contact the District Superintendent of Police, who will take all necessary steps to ensure that the applicants' life and freedom are not compromised.
"In the event that applicants face a real threat to their life and freedom, and are harassed, contrary to the law established in Lata Singh (supra), it will be possible for them to contact the Superior Superintendent of Police of the district concerned and provide the necessary details for the regarding, such as proof of their majority age, marriage, and alleged harassment, etc., that they will take all measures required by law to ensure that the life and freedom of the applicants are not hindered, taking into account the indications issued in Lata Singh (supra ) ", stated the order.
The petition was moved by Yashi Devi (around 20 years old) and Guchhan Khan (around 40 years old) who got married on January 11, 2021, after Yashi converted to Islam. While relying on the Supreme Court ruling in Lata Singh v. the State of UP, the court noted that the law is settled according to which adult married couples have the right to live in peace without any interference. In this judgment, it was considered
"We, therefore, order that the administration/police authorities across the country ensure that if a boy or girl who is older marries across castes or religions with a woman or man who is older, the couple is not harassed by anyone or subjected to threats or acts of violence, and anyone who makes such threats or harasses or commits acts of violence either himself or at his instigation, is punished by the initiation of criminal proceedings by the police against such persons and against such persons further severe actions are taken as required by law ".
The Court made it clear that the filing of this petition or the order of its disposition would not be regarded as proof of marriage between the applicants. “It is also clarified that the applicants, if of age, have the right to cohabitation even if not married and, therefore, proof of their marriage would not be required and the insistence of the police officer concerned will not be required", added the Court.
The request was thus accepted, with the option for the respondents to request a recall in the event that any of the exceptions formulated in the reason were incorrect.